Fabre and Palmer and Anor

This matter concerned an application by Mr Fabre against Ms Palmer and a second respondent, heard by Johns J. The dispute revolved around parenting arrangements for a child born in 2011. The court was required to determine the nature of parental responsibility, where the child would live, and the specific arrangements for the child to spend time with each parent.

The court's reasoning focused on establishing orders for equal shared parental responsibility, reflecting a commitment to both parents being involved in the child's upbringing. The primary residence of the child was ordered to be with the respondent mother, Ms Palmer. Specific time arrangements were detailed, including weekday and weekend overnight stays with the applicant, Mr Fabre, with provisions for the mother to stay with the child on Sunday nights. The orders also addressed circumstances where the mother might be unable to care for the child due to professional appointments or a decline in her mental health, with provisions for the child to reside with the applicant in the latter scenario until the mother's mental health professionals deemed it appropriate for the child to return.

The court made orders for equal shared parental responsibility and that the child live with the respondent mother. The child was to spend time with the applicant Mr Fabre two nights each week, including Tuesdays and Sundays, with the mother at liberty to stay at the applicant's home on Sunday nights. Further orders stipulated that the applicant would care for the child during the mother's professional or medical appointments, or if her mental health declined to the point where she was unable to care for the child. The court also noted agreements between the applicant and respondent mother regarding flexibility during school holidays and the child's ability to attend short holidays or weekend trips with the applicant if the child desired. The second respondent was granted liberty to relist the matter conditional upon filing an application and an affidavit explaining their absence from previous hearings.